So you were involved in a car accident… Now what?
Whether you were in a minor fender-bender or a major accident, there are still steps you are legally required to take after any wreck to avoid liability and ensure all parties involved are compensated fairly.
Here is a checklist on what to do.
☑ 1. SAFETY FIRST
Stop The Car
The law requires you to stop your vehicle at the scene of an accident, even if it was a minor fender-bender or just a scrape. Leaving the scene is considered a hit and run accident, which is punishable as a crime.
Move Your Car, If Safe To Do So
As long as it’s safe and the accident involved minimal damage and no injuries, move your car to the side of the road. Leave the car where it is if it’s too damaged to be driven, too dangerous to move, or if the police have been called to the scene due to serious injuries. If possible, take photos BEFORE you move the car (more on that below).
☑ 2. GET HELP
Check For Injuries
Check yourself and your passengers for injuries. If anyone requires immediate medical attention, call an ambulance.
Call The Police, Even If Minor Accident
You may call the police for any accident, but they’ll probably respond only if there are injuries or serious damage, if one party claims that another party committed a violation (e.g., driving under the influence), or if a driver fled the scene.
☑ 3. COLLECT INFORMATION
Gather Insurance & Contact Information
When you begin talking with the other parties involved, do not discuss the accident. Instead, just focus on getting contact information, including names, addresses, and home/cell phone numbers, and take photos of the drivers’ licenses and insurance cards.
Do Not Admit Fault
NEVER admit the accident was your fault even if you think it was. NEVER discuss a car accident with the other driver. Even just saying “I’m sorry” could be misconstrued as an admission of guilt…
Talk To Witnesses
Find eyewitnesses as soon as possible, as some people may not want to wait for the police to arrive. Ask witnesses to describe what they saw and record their statements as a video on your phone or as a written statement. Or at the very least get their names, addresses, and home/cell phone numbers.
Take Photos & Video Of The Scene
This is CRITICAL! Pictures can show what caused the accident and the extent of damages and injuries that occurred. If it’s safe to do so, take pictures of the scene before you move the cars. Otherwise, move the cars to a safe location, then photograph the following:
- Positions of the cars and damages
- License plates, and vehicle identification numbers (VINs) of ALL vehicles involved
- Damage to any surrounding items
- Visible injuries to anybody involved, including yourself
- Surrounding scene, including road signs, traffic signals, street lights, obstructions of a driver’s view (e.g., hanging tree limbs), lane markings, skid marks and lack of skid marks, potholes, road conditions (e.g., dry, wet, or icy), weather (e.g., sunny or stormy), and the direction of the sun/sun glare
- Videos are also a handy way of showing the flow of traffic and changing traffic lights.
Get Police Report Number
If the police are coming to the scene, wait for them to arrive so you can give your version of events for the police report. Write down or take photos of the report number, the names of the police officers, and their badge numbers.
Statement From Other Driver (With Consent)
If the police aren’t coming to the scene, you may attempt to get a statement from an at-fault driver if he/she is willing. Record a video of the driver giving the statement or have the driver write and sign a statement.
☑ 4. FILE A CLAIM
Report The Accident To Your Insurance Company ONLY
Call your insurer as soon as possible to describe your version of the accident. Provide the adjuster with all of your documentation, statements, contact information for involved parties and photos. DO NOT speak to any other party’s insurer or person regarding your accident. Speak only to your insurance company or law enforcement office regarding the details of the accident.
☑ 5. CONTACT AN ATTORNEY IF YOU ARE INJURED
If you are hurt, don’t go at it alone. Studies found that a claimant who is represented by legal counsel, ‘net’ (after medical bills and attorney fees have been paid) in excess of 3 times more money than if they handle their own auto accident claim.
Do yourself a favor and research the lawyers in your area. Choose an attorney or law firm with significant experience and track record to go toe to toe with the insurance companies. Look at what former clients say about their experience with the law firm.
By following these simple recommendations, you can help your case and your potential lawyer in determining the facts of the case and collecting vital evidence regarding your accident. You can never gather too much information after a car accident.
Have you been injured in a car accident? Let our office get you the maximum compensation you deserve. Call us now.